Revolutionary War Pension and Bounty Land Warrant Application File R. 3,587, James Fitzgibbons, New York

SERVICE
NUMBER
New York
Fitzgibbons James
R. 3,587 B.L. 1591-108
CONTENTS

State of New York } County of Cayuga }
On this tenth day of November, one thousand eight hundred and forty nine, personally appeared in open court before the Court of Cayuga County now sitting in the City of Auburn County of Cayuga and State of New York Eleanor Feick a resident of the town of Mento County of Cayuga and State aforesaid aged seventy four years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the Act of Congress approved July fourth in the year of our Lord one thousand eight hundred and thirty six - That she is the widow of the late Nicholas Feick and daughter and only heir at law of James Fitzgibbons who was a soldier in the war of the revolution and a private in the New York line and who was killed in the battle of Fort Montgomery; That in the year one thousand eight hundred and thirty one she obtained the affidavit of George Shafer of the town of Blenheim in the County of Schoharie and State of New York - who made oath that he knew that the aforesaid James Fitzgibbons was killed in the battle of Fort Montgomery and that he the aforesaid George Shafer was also engaged in the said battle of Fort Montgomery; That upon the affidavit of said Shafer she obtained from the Government of the United States land scrips to the amount of one hundred acres and that she verily believes that the proof sustaining the claim that she now puts forth to the Government of the United States is to be found entire in the archives of the said Government, and she further declares that she has never made an application for a pension before the present, that she hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that her name is not on the pension roll of the Agency of any State
Sworn and subscribed the day and year above mentioned before me John T. Hulbert County Judge of Cayuga County -
Eleanor her Feick mark

I, Ebenezer B. Cobb, Clerk of the aforesaid Court of Cayuga County, hereby certify that it is the opinion of said Court that the aforesaid Eleanor Freick is the widow of the late Nicholas Freick and now the only daughter and heir at law of James Fitzgibbons who was a private soldier of the war of the Revolution in the New York line and who was killed in the battle of Fort Montgomery and that she is a woman whose statements and representations are entitled to full credit and belief.
In testimony whereof I have hereunto set my hand and affixed my seal of office at Auburn this tenth day of November in the year of our Lord one thousand eight hundred and forty nine.
E. B. Cobb, Clerk

War Department
Revolutionary Claims
State of New York Schobapi County ss }
I Eleanor Feeck (late Fitzgibbons) Daughter and only heir at law of James Fitzgibbons deceased do upon Oath declare, & testify to the best of my knowledge belief that James Fitzgibbons did enlist January 1777. for the term of during the War, and served in Regiment number Five under the Command of Colonel Lewis Dubois of the New York line; and that he continued in the service until he was killed at Fort Montgomery in the month of October of the year 1777.
I do further declare that I have never received a warrant for the Bounty Land promised to James Fitzgibbons on the part of the United States; nor do I believe he ever received it, or transferred his Claim to it in any manner whatsoever: therefore,
Know all men by these presents that I Eleanor Feeck aforesaid do hereby Constitute and appoint John Ogden Dey of the City of Albany to be my true and lawful attorney for me and in my name to demand and receive from the Secretary at War of the United States a Warrant for the quantity of Land due to me as aforesaid; and my said Attorney is hereby fully authorised and empowered to constitute and appoint one or more Substitutes or Attorneys under him for the special purposes above expressed. Dated this 25 th day of Decem- ber 1829.
Witness
W. Manning
Eleanor Feeck

Personally appeared the within named Eleanor Fleck, (who being unknown to me, also appeared Payton Harrell to me known, who on oath declared that he was acquainted with the said Eleanor Fleck Subscribed to the foregoing declaration and power of Attorney, which to me is satisfactory evi- dence that she is the same person therein described and thereupon in my presence she acknowledged the power of Attorney thereto subjoined to be her free act and deed, for the purposes therein men- tioned. Dated this twenty sixth day of December 1829
Vereliah Manning Commissioner Under act of April 1823
In testimony that the above written Vereliah Manning was a Commissioner authorized to administer oaths and take acknowledgements &c in the State of New York at the above date and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the County Seal, and Subscribed my name and quality at Schoharie this second day of Decem 1829 January 1830. (Note of December 1829 "erased before execution")
John Lobhard Jr. Clerk of the court of common pleas of Schoharie County.
State of New York }
Schoharie County }
Surrogates office
Decem r 1829
I certify that satisfactory evidence was adduced to me to prove that Eleanor Fleck is the daughter and only heir at law in fee to James Fitzgibbons deceased, late a soldier in the Fifth Regiment of the New York line of the Revolutionary army. Given under my hand and seal of office this _____ day of December 1829.

Eleanor Fleeck's Claim (Daughter of James Fitzgib- bons - acc d a revolutionary soldier). for Bounty Land -

Schoharie County ss 3-
George Shafer being duly sworn saith that he was well acquainted with James Fitzgibbons at Fort Montgomery, that said Fitzgibbons was in the battle of that place and was killed as this deponent understood and verily believes to be true, this deponent resides in the town of Blenheim in Schoharie County, and that said Fitzgibbons belonged to Stewarts Company and the Dubois Regiment and that said Fitzgibbons was a Standing Troop in the service of the United States Sworn the 8 th day of April Feby. 1821. before me George his Shafer Elias Halliday Justice mark of the Peace
State of New York Schoharie County ss.
Mary Teabout being duly sworn deponeth and saith that she was well acquainted with James Fitzgibbons, that she was present at his marriage with Anna Swart, which was in the Spring of the year 1774. in May some time according to the best recollection and belief of this deponent. That they were married by the Reverend Mr Sommers at the old parsonage house in the Town of Schoharie, that in that Summer or fall after his marriage he enlisted into the service of the United States as she un- derstood and verily believes, and that she has never seen him since and this deponent further saith that the said James Fitzgibbons had one Child by his wife named Eleanor, that the said Anna wife of the said James Fitzgibbons has since died and further this deponent saith

not. Sworn to 14 th Jany 1822 before me Elias Holliday Justice of the Peace
Signed Mary X Seabrook Mark -
Schoharie County. ss.
Elizabeth Zeilie being duly sworn, deposeth and saith that she is a resi- -dent of the Town of Middleburgh in the county of Schoharie, and State of New York. That she was well acquainted with James Fitzgibbons who then resided in the county of Albany now Schoharie County. that he married a woman by the name of Nancy Smart and had one heir to wit a daughter by the name of Elenor & that it was under stood that he enlisted in the Continental Service of the United States since which time this de- ponent has not heard from him. Said Elenor now resides a neighbour to this deponent in Schoharie County -
Sworn this 5 th day of February 1821.
Peter N. Farrell. Justice in & for Schoharie County
Signed Elizabeth X Zeilie Mark
Senate chamber, Jany 14 th 1830. I certify that the foregoing are copies of affidavits on file in my office, the same having been presented to the Legislature in the year 1822.
John P. Bacon Clerk of Senate

Certified Copies of several Affidavits, accompanying the Petition of Eleanor Freck daughter of James Fitzgibbons deceased to the Legislature of the State of New York in 1822, for Bounty Lands due her in right of her Father, for Services rendered as a Soldier in the New York Line of the Revolutionary Army.
State of New York. }
Schoharie County ss } I Henry House of the Town of Schoharie, in the County aforesaid being duly Sworn, deposeth and saith, that he was well acquainted, with James Fitzgibbons in the Revolutionary War of this Country with Great Britain. That the said James Fitzgibbons was a Private in the New York Line in the Company commanded by Captain Stewart and in the Regiment of Colonel Dubois.
That this Deponent saw the same James Fitzgibbons at Fort Montgomery on the West Banks of the Hudson River just previous to the Battle and the Evacuation of the Americans from that Fort. That after that affair, he understood that the said James Fitzgibbons had been killed in the Battle then and since which time this deponent has never more seen him. That he was also a Private in said Regiment and engaged in the Battle and evacuation aforesaid.
Sworn the 10 th of February 1821. } Signed. Henry House before Almon Bouch } Judge of the Schoharie Common Pleas.

Albany 30 th January 1830
William Gordon Esq r
Sir
Your letter with enclosed Warrant for Bounty Land to Eleanor Freck was received by me by the last Mail -
I acknowledge the receipt of Warrant N o 1591 - issued to Eleanor Freck. Daughter, and only heir at law of James Fitzgibbons Esq r who was a Soldier in the Fifth Regiment of the New York line of the Revolutionary Army Commanded by Colonel Dubois -
I am Sir
Yours Respectfully John Ogden Dey

Acts of July 14, 1862, and March 3, 1879.
REJECTED
5587
P. O. _____
James Fitzgibbins
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

No 37705 James Fitzgibbins M
Letter Henry D Barron 17 Dec 1849 H H Bostwick aught 11/53
3587
act 7 June 1832

FREE
Emd J. P. Waldo Commission Merchant Washington D.C.

Rec d from Mr Ogden Day
If Mr. F. A. (Dickins) has a Record of Dubois Reg. t N. York Line, he will oblige me by referring to it and informing me whether the name of James Fitzgibbon, appears and if any remarks are attached thereto in relation to the term of his enlistment and cause of death
Wm. Gordon
Bounty L d Office
Jan y 22. 1830
Answer
Jas Fitzgibbon appears to have been a private in Capt. Sturtevant's Comp. Col. Dubois' Regt. to have enlisted 1 st Jan y 1777 for the war and been on Jan y 1778.
F. A. Dickins.
Prov. Dept
22 Jan y 1830

37705 James Fitzgibbon daugh NY
Act 7 June 32
Cayuga County
Refused No Claim Help at Fort Montgomery 7 June 1832
A warrant for 100 acres of land was issued to Mrs. Fackett in 1830
Henry D. Barron Agent

State of New York, Schoharie County ss. Personally appear- ed before me William Mann Surrogate of the county of Schoharie on the day of the date hereof, Jacob Van Dycke and Mary Van Out who being severally duly sworn depose and say that they are well acquainted with Eleanor Beech, that she is the Daughter and only child and heir at law of James Fitzgibbon deceased, who was a soldier in the army of the Revolutionary War. All which is satisfactory proof to me that the said Eleanor Beech is the only and legitimate heir of the said James Fitzgibbon Deceased -
In Testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed - Witness William Mann Surrogate of said county at Schoharie the thirty first day of Decem- ber in the year of our Lord one thousand eight hundred and twenty nine -
William Mann Surrogate

Benedict and Roberts Affidavits

State of New York ) ss. County of Cayuga )
On this thirteenth day of November, one thousand eight hundred and forty nine personally appeared before me, Horace T. Cook, a Justice of the Peace in and for said County Edwin P. Roberts; who being duly sworn, deposes and says that he is a resident of Auburn, County of Cayuga and State of New York, that he has been personally acquainted with Eleanor Fiecke of the town of Othello, aforesaid county and State, for the last eighteen years, and that he knows her to be a woman whose statements and representations are entitled to full credit and belief; that he believes her to be the only heir at law of the late James Fitzgibbons and widow of the late Nicholas Fiecke.
Subscribed and sworn before me the day & year first above written.
Edwin P. Roberts
Horace Cook Justice of the Peace
State of New York ) ss. County of Cayuga )
On this thirteenth day of November, one thousand eight hundred and forty nine, personally appeared before me Horace T. Cook, a Justice of the Peace, in and for said County, Daniel S. T. Benedict

a resident of the city of Auburn, county of Cayuga and State of New York, who being duly sworn deposes and says that he is personally acquainted with Elena Gecke of the town of O'Neills, of said county and State; that he believes her to be a woman of good moral character and one whose statements and representations are entitled to full credit and belief; that he believes her to be the daughter and only heir at law of the late James Fitzgilliams and the widow of the late Nicholas Gecke
Subscribed sworn before me the day & year first above written
Daniel D. T. Benedict
Horace T. Cook
Justice of the Peace
State of New York
Cayuga County ss. I hereby certify that Horace T. Cook Esq. before whom the foregoing affidavits were taken was, at the time of taking the same a justice of the Peace in the said County duly Elected and authorized to take the same and that said I am acquainted with the handwriting of such Justice and that the foregoing are his genuine signatures. In testimony whereof I hereunto set my hand and official seal this 14. November 1849.
E. P. Ladd. Clerk Cayuga County

Auburn, Cayuga Co., N.Y. May 31 st 1853.
Hon d J. C. Heath Commissioner of Pensions
Sir
James Fitzgibbons, private, enlisted in the United States service Jan'y 1 st 1847 for the term of the war, in Capt Stewart's Company in the N.Y. Regiment commanded by Col. Dubois. And continued in the service un- til he was killed in battle, at Fort Montgomery at the time of the evacuation of that Fort.
His only child and legal heir Eleanor Peak received from the State of New-York 110 acres of Bounty Land, and 100 acres from the United States. She is now nearly 90 years of age, infirm, and very poor. Is there no law or provision by which she is entitled to benefits of pension, and equal quantity of Bounty Land with those who survived & served until the close of the war? Provided the facts above stated can be clearly shown.
Yours truly
A. H. Bostwick

Letter to Com. of Pensions

Auburn, N. Y. November 15 th 1879 To the Hon. Com. of Pensions Sir-Inclosed are papers which with other papers now in the archives of the United States Government contain the claim of Eleanor Fiske to a Pension from the United States Government. Papers in relation to the matter you will please direct to me at this place.
Respectfully yours
Henry P. Barron
Attorney of Eleanor Fiske